Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2019, around 20:07, at C cafeteria in Seogugu, Seo-gu, Daegu, the Defendant took the face of the victim D (Gam, five years of age) in two descendants, and took about one second-time under the influence of alcohol of the victim.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of victims;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence List No. 17);

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) does not have any history of having been punished for a sexual crime before committing the instant crime, and in light of the circumstances of the instant occurrence, it is difficult to readily conclude that the Defendant has the risk of recidivism, solely taking part in the registration of personal information of the Defendant, and taking part in the treatment of sexual assault, can ensure the effect of preventing recidivism to a certain extent. The disclosure and notification order appears to be relatively less likely to have the effect of preventing recidivism than the disadvantages and anticipated side effects that the Defendant would suffer.